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DEEPAK KUMAR AGARWAL
Atul Kumar Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - Heard on I.a.No.34088/2021, an application filed under Section 301(2) of Cr.P.C. for assisting the Public Prosecution.
Considered and allowed.
Shri Palendra Singh Dangi is permitted to assist the prosecution.
Case diary is perused.
This is the first bail application u/S.439 of Cr.P.C filed by the applicant for grant of bail.
The applicant was arrested on 01.12.2021 in connection with Crime No.954/2021 by Police Station City Kotwali, District Morena (MP) for the offence punishable under Sections 307, 294/34 of IPC.
As per prosecution case, on 13.07.2021 at 10.15 a.M. when complainant Gaurav Sharma after dropping his wife was coming to his house near Durgavatica, applicant/accused atul met him in a motorcycle and in his motorcycle, accused Nitin Khemriya was sitting behind him, thereafter, one unknown person covering his face was sitting, he could not identified that person. In another motorcycle accused/Rakesh Khemriya and one unknown fellow covering his face was sitting. applicant atul was going in his motorcycle, with the intention to kill him accused Nitin Khemriya fired on him with country made pistol, due to which, he was injured. Blood was oozing o
The completion of investigation, filing of charge-sheet, and the custody period of the applicant were crucial factors in the court's decision to grant bail.
The completion of investigation, filing of charge sheet, and the anticipated prolonged trial process were key factors influencing the court's decision to grant bail to the accused.
The court has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
The court's decision to grant bail was based on the assessment of the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision to grant bail was based on the facts and circumstances of the case, emphasizing the need for the applicant to cooperate in trial and appear before the trial court on each date.
The court considered the filing of charge sheet and the fact that co-accused had already been granted bail as grounds for allowing the bail application.
The court's decision was influenced by the consideration of the likelihood of the applicant's absconsion or tampering with the prosecution evidence, and the specific conditions imposed for granting b....
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